To 404(b) or Not to 404(b)
My ten-year-old daughter asked me a few weeks ago what O.J. Simpson had done. Like the rest of America, she heard news of his parole hearing. What she couldn’t figure […]
A Change to Probation’s Policy on Ordinary Extensions
If you’ve noticed an uptick in probation hearings on extensions, today’s post may help explain why. As of last month, Community Corrections will no longer seek ordinary extensions of probation […]
Immigration Detainers
Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the […]
News Roundup
As the Washington Post reports, the Senate confirmed Christopher A. Wray as Director of the Federal Bureau of Investigation earlier this week. Wray served as Assistant Attorney General in charge […]
Classifying Prior Convictions for Sentencing Purposes
When determining a defendant’s prior record level for felony sentencing, prior convictions count for points according to their classification as of the offense date of the crime now being sentenced. […]
Counties May Impose Civil Penalties for Passing a Stopped School Bus
Four years ago, the General Assembly increased the criminal fine for passing a stopped school bus and enacted new license revocation and registration hold provisions. During the previous year—2012—there had […]
Expanded Expunction Opportunities
In S.L. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. Most importantly, the act expands the availability of relief in two ways: it reduces […]
New Restrictions on Citizen-Initiated Criminal Process
A colleague stopped into my office the other day to ask “did the General Assembly get rid of citizen-initiated warrants?” No, but it did make some significant changes to the […]
News Roundup
The Associated Press reports that the investigation into the Word of Faith Fellowship congregation in Spindale is expanding into questions of whether church members enticed Brazilians to come to North […]
Is G.S. 90-96(a) Mandatory or Discretionary?
Whether or not to grant a conditional discharge for an eligible defendant under G.S. 90-96(a) used to be within the discretion of the trial judge. In 2011, Justice Reinvestment made […]